Private International Law Field of study: International Business Law and Arbitration
Programme code: 07-S2LA19.2019

Module name: Private International Law
Module code: IBLA-GC-PRIL
Programme code: 07-S2LA19.2019
Semester:
  • summer semester 2024/2025
  • summer semester 2023/2024
  • summer semester 2022/2023
  • summer semester 2021/2022
  • summer semester 2020/2021
  • summer semester 2019/2020
Language of instruction: English
Form of verification: exam
ECTS credits: 3
Description:
The course is devoted to the law applicable to civil and commercial law issues. Firstly, the general concepts and institutions of the private international law are discussed: the nature and the structure of the conflict of law rules, characterization, renvoi, preliminary issue, abuse of the conflict rules, the overriding mandatory rules and public policy. Next, in the consecutive classes the selected topics of the specific part of private international law are discussed. These include the law applicable to persons and companies, contractual and non-contractual obligations, the law of agency. The Rome I and Rome II regulations are covered in detail. The discussion concentrates on issues such as: the choice of law by the parties, capacity to enter the contract, formal requirements and the concept of characteristic performance, the notion of culpa in contrahendo.
Prerequisites:
None
Key reading:
Encyclopedia of Private Interantional Law, Edward Elgar 2017,
Learning outcome of the module Codes of the learning outcomes of the programme to which the learning outcome of the module is related [level of competence: scale 1-5]
Possesses an advanced knowledge of the key rules of private international law, in particular EU Regulations; understands the case law, specially of the CJEU. [PRIL_1]
 IBLA_W02 [5/5]
Understands notions and concepts of Private International Law, as well as the specific structure of conflict rules, comprehends the differences between European and American approaches to choice-of-law methods. [PRIL_2]
 IBLA_W05 [4/5]
Recognizes the legal cross-border issues generating difficulties in determining an applicable law, is aware how these difficulties should be dealt with in practice, especially when structuring choice-of-law agreements. [PRIL_3]
 IBLA_W10 [3/5]
Develops legal English, reading and speaking skills. [PRIL_4]
 IBLA_U01 [3/5]
Among chaotic and complicated facts in cross-borders scenarios, identifies issues relating to conflict of laws in civil and commercial matters, finds the proper choice-of-law rules,and is able to interpret them and determine an applicable law. [PRIL_5]
 IBLA_U04 [3/5]
Is able to evaluate the scholarly opinions and case law on the law applicable to commercial and civil relations, making legal conclusions in order to advise a client on how to solve difficulties. [PRIL_6]
 IBLA_U05 [4/5]
Developt the ability to discuss difficult topics in the class, is able to carry out research in the field of private international law, develops a creative approach to interpretation and application of choice-of-law rules and a flexible attitude necessary to satisfy the needs of the client. [PRIL_7]
 IBLA_U07 [4/5]
Type Description Codes of the learning outcomes of the module to which assessment is related
Case solving - group work [PRIL_w_1]
Students work on resolving cases, applying the proper choice- of- law provisions.
 PRIL_1 PRIL_3 PRIL_6
Participation/ discussion [PRIL_w_2]
Class participation (active part in the discussion).
 PRIL_2 PRIL_3 PRIL_4 PRIL_6 PRIL_7
Exam [PRIL_w_3]
Open book case study.
 PRIL_1 PRIL_2 PRIL_5 PRIL_6
Form of teaching Student's own work Assessment of the learning outcomes
Type Description (including teaching methods) Number of hours Description Number of hours
lecture [PRIL_fs]
The main goal of interactive lecture is to teach students the skills that are necessary to determine an applicable law for a given issue. To that effect, key principles and terminology are defined at the outset. Moreover, the important differences in the attitude of the American and European courts are signalled. Most of the time class time, however, is spent on the analysis of the EC Regulation (Rome I and Rome II). The case law of the European Court of Justice is also used and analyzed. Learning to discuss issues of private international law and arguing a case or a point of view is the main learning metod.
 20
The student reads assigned material (publications, cases, normative acts) in order to prepare for the class.
 55 Case solving - group work [PRIL_w_1] Participation/ discussion [PRIL_w_2] Exam [PRIL_w_3]
Attachments
Module description (PDF)
Information concerning module syllabuses might be changed during studies.
Syllabuses (USOSweb)
Semester Module Language of instruction
(no information given)